Opinion
2021-73518 Motion 2021-02977
10-21-2021
The People of the State of New York ex rel. Nelson Brown, Petitioner-Appellant, v. Warden, Rikers Island Correctional Facility and New York State Department of Corrections and Community Supervision, Respondents-Respondents. Index No. 340017/21 Case No. 2021-03240
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Martin Shulman Julio Rodriguez III, Justices.
Petitioner-appellant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, Bronx County, entered on or about May 28, 2021, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record (including a certified transcript of the proceedings, if any) and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondents and files with this Court an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Pursuant CPLR 1102[b], the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, and of the trial or hearing, and shall deliver one to the appellant and file the other with the Clerk of the trial court, together with an affidavit of the fact and date of such delivery and filing. Appellant is directed to turn over said transcript to the respondent when he serves the appellant's brief upon respondent.